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12/10/2019 - No. 10 - AM-2019-008 The City of Niagara Falls, Ontario Resolution December 10, 2019 No. 10 Moved by: Councillor Wayne Thomson Seconded by: Councillor Chris Dabrowski WHEREAS the Planning Act, 1990 R.S.O. establishes a 2-year waiting period for minor variance applications which means minor variance applications are not permitted for two years following an applicant-initiated site specific rezoning of a property; and WHEREAS the intent of the 2-year waiting period is to provide greater control to municipalities, prevent zoning provisions that Council determines to be appropriate from being reversed or altered through the minor variance process for 2 years, and to increase stability by affording municipalities the ability to implement site specific zoning by-laws; and WHEREAS notwithstanding the 2-year waiting period for minor variances, subsection 45(1.4) of the Planning Act, 1990 R.S.O. provides municipalities the ability to permit privately-initiated applications for minor variances by passing a resolution; and WHEREAS Imagine Townhomes GP Inc. requested Council to consider passing a resolution that would permit them to file an application to the City's Committee of Adjustment in regards to applicant-initiated site specific By-law No. 2018-95 that was passed by Council a year and a half ago; and WHEREAS Council determined that a minor variance that would permit Imagine Townhomes GP Inc. to vary the minimum lot area per dwelling unit regulation to accommodate two additional dwelling units in their Plan of Vacant Land Condominium, does not undermine Council's original intention when it passed By-law No. 2018-95. THEREFORE BE IT RESOLVED that subject to subsection 45(1.4) of the Planning Act, 1990 R.S.O. Council consents to an exemption to the 2-year waiting period for minor variances and thereby allows Imagine Townhomes GP Inc. to file an application to the City's Committee of Adjustment for the development of the their Plan of Vacant Land Condominium that is regulated by By-law No. 2018-95. AND The Seal of the Corporation be hereto affixed. Carried (Councillor loannoni absent) I WILLIAM G. MATSON JAMES M. DIODATI CITY CLERK MAYOR S:\ZONING\AMS\2018\AM-008\Resolution AM-2018-008.docx